NZ Metro TC 23 December 2016 – R 3 (heard 8 January 2017 at Rangiora) – Chair, Mr D Jackson

hearingid: 0c29ffd565b326ab1e578f0c1a652948

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hearing_racingtype: harness-racing

startdate: 23/12/2016

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hearing_title: NZ Metro TC 23 December 2016 - R 3 (heard 8 January 2017 at Rangiora) - Chair, Mr D Jackson

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JUDICIAL COMMITTEE DECISION
Informant: Mr N Ydgren - Chief Stipendiary Steward
Respondent: Mr A Fitzgerald – Junior Horseman
Information No: A8342
Meeting: NZ Metro TC 23 December 2016 (heard at Rangiora on 8 January 2017)
Race No: 3
Judicial Committee: D Jackson (Chair) - R McKenzie (Committee Member)
Plea: Admitted
Charge: failing to activate the hopple shorteners on his drive, HIGHVIEW ILLUSION

Facts:

Following the running of Race 3, Chief Stipendiary Steward, Mr N Ydgren filed an Information against Junior Horseman, Mr A Fitzgerald alleging a breach of Rule 864(2)(e) alleging that Mr Ydgren had “failed to activate the hopple shorteners on Highview Illusion”.

Rule 864(2)(e) reads as follows –

“Every [driver] … of a horse shall with regard to that horse ensure that:- (e) that all steps are taken to activate gear, appliances or devices which requires activation.

Evidence:
Mr Fitzgerald admitted the breach in writing and attended the hearing where he confirmed his admission.

The Committee reviewed the video footage of the race, which clearly showed Mr Houghton’s drive, HIGHVIEW ILLUSION, racing throughout the entire race with hopple shorteners in place, which were never activated. The horse raced towards the rear of the field and was never in contention at any stage.

Mr Ydgren conveyed to the Committee that the hopple shorteners were affixed at the 9th eyelet or hole, which was a loose fitting. That said, they ought to have been activated.

Decision:

Properly, Mr Fitzgerald admitted the breach. It is proved.

Submission For Penalty:
Mr Ydgren outlined that Mr Fitzgerald had 18 drives last season and 10 drives to date this season. Mr Ydgren submitted that Mr Fitzgerald was getting busier as a junior horseman and that he had never come to the attention of the Stewards before. Mr Ydgren submitted this was an error attributable to inexperience and that a degree of leniency was warranted on this occasion.

Mr Ydgren noted that had the matter been dealt with on the 23rd December 2016 it would have been by way of MIN or minor infringement notice under the Rules. Unfortunately, it was not dealt with on the night and a charge had to be laid. Were the matter dealt with by way of MIN, Mr Fitzgerald would have been fined $100.00.

Mr Ydgren submitted that $100.00 was a convenient starting point and submitted a further uplift of $50 to $100 was appropriate to reflect the impact that the failure to activate must have had on HIGHVIEW ILLUSION (although Mr Ydgren acknowledged that that assessment was purely subjective and was at pains to submit that he was not suggesting that the horse was deprived of an opportunity to place in the race).

Mr Fitzgerald agreed with Mr Ydgren’s submissions and confirmed his ability to meet a fine. He said he had learnt from the experience and would not make the same mistake twice.

Reasons for Decision:

The Committee agrees that the minor infringement notice fine of $100.00 is the appropriate starting point. There will be an uplift to reflect the impact that the failure to activate must have had on the horse’s performance in the race. The Committee agrees with Mr Ydgren’s submission that for a horse to race throughout the race with hopple shorteners in place was a more serious breach of the Rule and required a higher penalty. The uplift will be $100 making the fine $200.00 before the application of discounts for mitigating factors.

Mr Fitzgerald is entitled to credit for his admission and for his clean record.

Penalty:

Accordingly, he will be fined $150.

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hearing_type: Old Hearing

Rules: 864(2)(e)

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